O F F I C E O F T H E S A N G G U N I A N G B A Y A N EXCERPTS FROM THE MINUTES OF THE INAUGURAL SESSION OF THE SANGGUNIANG BAYAN OF NATIVIDAD, PANGASINAN HELD AT THE MUNICIPAL SESSION HALL ON JULY 5, 2013 AT 9:30 A.M. PRESENT: HON. MA. LUISA F. MILLAN-SUPNET …. VICE MAYOR/ PRES. OFFICER HON. VIRGIE C. ALAP …. SB MEMBER HON. IMELDA R. LIBERATO …. SB MEMBER HON. JEFFERSON KEITH C. DE GUZMAN…. SB MEMBER HON. WILLIAM A. MEDRANO …. SB MEMBER HON. LEONORA T. CARILLO …. SB MEMBER HON. JERRY M. REBUJIO …. SB MEMBER HON. ANGELITO B. REMORIN …. SB MEMBER HON. ROSE ANN G. RAFAEL …. SB MEMBER HON. SILVESTRE R. CARDINES …. LIGA PRESIDENT ABSENT: HON. MONIQUE G. RAFAEL …. SKF PRESIDENT MUNICIPAL RESOLUTION NO.68-2013 RESOLUTION ADOPTING THE INTERNAL RULES OF PROCEDURE OF THE 9TH SANGGUNIANG BAYAN OF NATIVIDAD, PANGASINAN. WHEREAS, the Sangguniang Bayan of Natividad, Pangasinan, as the Legislative Body, enacts ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants, pursuant to Sec. 16 of the Local Government Code of 1991 for its efficient and effective governance; WHEREAS, pursuant to the provisions of R.A. 7160 and its implementing rules and regulations, the Sanggunian Bodies have the inherent right and obligation of adopting its own rules of Procedures for the proper discharge of legislative functions; WHEREAS, in the maintenance of good order in the Sanggunian deliberations, it is necessary that specific rules be adopted and enforced in the interest of effective discharge of legislative function; WHEREAS, it is the desire of this honorable body to up-date its Internal Rules of Procedures and to be abreast with the ever changing time; NOW THEREFORE, on motion of Municipal Councilor Angelito B. Remorin, and seconded by all the members present it was; RESOLVED, as it is hereby resolved, to adopt the following Internal Rules of Procedure of the Sangguniang Bayan of Natividad, Pangasinan, to wit: INTERNAL RULES OF PROCEDURE I. RULE – COMPOSITION Section 1. The composition of this Sanggunian Bayan, the Legislative Body of the Municipality, shall be provided by existing laws, specifically by RA 7160 otherwise known as the “Local Government Code of 1991”. Membership- The Sanggunian Bayan, The Legislative Body of the Municipality, shall be composed of the Vice Mayor as the Presiding Officer, the regular Sangguniang Bayan Members, the President of the Municipal Chapter of the LIGA ng mga Barangay, the President of the Pambansang Pederasyon ng mga Sanggunian Kabataan. II. RULE – POWERS, DUTIES AND FUNCTIONS OF THE SANGGUNIAN Section 1. The powers, duties and functions of this Sanggunian shall be as provided for and the Rule XVII of the Rules and Regulations Implementing the Local Government Code of 1991. a) Approve Ordinances and pass resolutions necessary for an efficient and effective municipal government; b) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the Municipality; c) Grant franchises, enact ordinances authorizing the issuance of the permits or licenses, or enact ordinances, levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the Municipality; d) Regulate activities relative to the use of land buildings and structures within the Municipality in order to promote general welfare; e) Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities and provided for under Section 17 of the Code; f) Exercise such other powers and perform such other duties functions as may be prescribed by the law or ordinance. III. RULE – DUTIES AND RESPONSIBILITIES OF INDIVIDUAL MEMBERS Section 1. Every member of the Sanggunian shall make a full disclosure of his financial and business interests as required of him under Article 104, Rule XVII of the Rules and Regulations Implementing the Local Government Code of 1991. Section 2. Every member shall attend all the sessions of this Sanggunian unless he is prevented from doing so by reason of sickness or other unavoidable circumstances provided that, as a general rule, previous notice thereto shall be sent to the Sanggunian thru the Presiding Officer or the Secretary. Section 3. As a general rule, every member is required to vote on every question or proposed measures being voted upon the Sanggunian. Abstention may be allowed if it can be shown that the member concerned has a pecuniary interest, either directly or indirectly, on the matter being acted upon by the body. Section 4. Every member shall observe proper deportment and decorum during session. IV. RULE – THE DRESS CODE Section 1. On the regular session and all other sessions of the Sanggunian, all Sangguniang Bayan members present in the Session Hall shall wear long or short sleeves barong for men and formal dress barong for women. Section 2. A regular employee or staff may or not wear the prescribed dress code provided that they shall wear formal, decent clothes or the regular office uniform. V. RULE– THE PRESIDING OFFICER /VICE MAYOR Section 1. The Vice Mayor shall be the Presiding Officer of this Sanggunian and, as such, shall have the following rights and duties: a) To preside over the Sessions of the Sanggunian. b) To exact from all the members present during the sessions proper deportment and decorum. c) To enforce the internal rules and procedures of the Sanggunian. d) To maintain order during sessions and render a ruling on questions of order, subject to appeal by the member concerned to the body for the final decision. e) To sign all the legislative documents, papers and other requiring his signature. f) To declare recess during sessions anytime he deems it necessary provided that the duration of the recess is less than fifteen (15) minutes. g) To declare the session adjourned to some other date, time and place in cases of extreme emergencies, serious and uncontrollable disorder, public disturbances and other avoidable circumstances. h) To make brief remarks, comments or clarificatory questions on any measure pending deliberations by the body provided that he shall not express himself either for or against the said measure or question. i) To vote but only to break a tie. Hence, he cannot vote in order to create a tie. His right to vote to break a tie is not compulsory. He may or may not exercise it. j) In the event of the inability of the regular Presiding Officer to preside over the Sangguniang Session, the Presiding Officer Pro-Tempore, or in the latter’s absence, to any member of the Sanggunian who shall act as “Temporary Presiding Officer” but only if he/she is going out of the session hall for whatever reason. VI. RULE – THE PRESIDING OFFICER PRO-TEMPORE AND TEMPORARY PRESIDING OFFICER Section 1. There shall be a Presiding Officer “Pro-Tempore” to be elected from among the members of the Sanggunian who, without losing his status as a regular member including his rights and prerogatives, shall temporarily exercise all the powers, duties and functions of the regular Presiding Officer. Section 2. In the event of the inability of the regular Presiding Officer and the Presiding Officer “Pro-Tempore” to preside over a Sanggunian session, the members present thereby constituting a “quorum” shall elect from among themselves a “Temporary Presiding Officer”. Section 3. The Presiding Officer “Pro-Tempore” or the “Temporary Presiding Officer”, as the case may be, shall certify within ten (10) days from the passage of ordinance enacted or resolutions adopted by the Sanggunian in the session over which he temporarily presided. Section 4. While presiding, the Presiding Officer “Pro-Tempore” or the temporary Presiding Officer, as the case may be, shall have no right to vote even if there is a tie. Section 5. The Presiding Officer “Pro-Tempore” or the temporary Presiding Officer may, “motu-propio”, relinquish the Chair temporarily to any member of the Sanggunian if he would like to go down the floor and participate in the deliberation in his capacity as a regular and constituent member. VII. RULE – THE SECRETARY TO THE SANGGUNIAN 1. In addition to his duties prescribed by law, the Secretary to the Sanggunian, which such devolves upon him, shall: a. Carry out or enforce orders and decisions of the Sangguniang Bayan when such devolves upon him; b. Keep the minutes of the meeting. The minutes shall compromise a clear and succinct account of the business transacted and action taken by the Body. c. Call the roll of the Members before the opening of the meeting, read the minutes of the preceding meeting, read the proposed ordinances and resolutions, messages, communications, memorials, petitions and other documents which he should report to the Body or the reading whereof is required by the Sangguniang Bayan or ordered by the Presiding Officer; d. Retain in the library of his office for the use of the Members of the Sangguniang Bayan, copies of all books and printed documents deposited there, none to be withdrawn therefrom; e. Furnish each Members of the Sangguniang Bayan a copy of the Calendar of Business at least three or two days before the scheduled meeting; f. Cause to be printed and delivered to each Member, or mail to his address before the commencement of each meeting, list of reports which is the duty of each department head or officer to make to the Sangguniang Bayan, referring to the resolution and page of the laws or journal in which it may be contained, and placing under the name of each Officer the list of reports required of him to be made; g. Furnish a copy to the proper committee as the Presiding Officer or the body may direct such ordinances, resolutions or other documents as may be endorsed or presented to the Sangguniang Bayan as well as other matters received from other persons or entities; h. Attest and fix the seal adopted by the Sangguniang Bayan to all writs, warrants and subpoenas issued by the order of the Sangguniang Bayan and certify to the approval of all acts and resolutions duly approved; i. Subject to the supervision of the Presiding Officer, the Secretary to the Sanggunian shall be the immediate chief of the personnel of the Sangguniang Bayan and shall be responsible for the faithful and proper performance of their duties; j. In case of absence, the Secretary of the Sanggunian shall designate personnel from the staff of the Sangguniang Bayan as Acting Secretary to the Sanggunian during meetings of the Sangguniang Bayan. Any communications addressed to the Body and received by any Member should likewise be submitted to the Secretary to the Sanggunian. VIII. RULE – REGULAR AND SPECIAL SESSION Section 1. The regular session of this Sanggunian shall be “once a week” to be held at the Sanggunian Session Hall every Monday at exactly 9:00 AM. Section 2. Special sessions may be called by the Mayor or by majority of the members of this Sanggunian. Section 3. A written notice to the Sangguniang Bayan members stating the date, time and purpose of the session shall be served personally or left with a member of his household at his usual place of residence at least 24 hours before the special session is held. Section 4. Unless otherwise agreed upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice. Section 5. All sessions shall be open to the public unless a close door session is ordered by an affirmative both a majority of the members present, there being a quorum, in the public interest or for reasons for security, decency or morality. Section 6. No two (2) sessions whether regular or special, may be held in a single day. Section 7. Adjourned Sessions. An “adjourned session” may be held: a) Thru the initiative of the chair, by using the “assumed motion”; or by a majority of the members present in a session where there is no quorum, wherein they may decide to adjourn from hour to hour, day to day, and compel the attendance of the absent members in order to obtain the necessary quorum. b) By a majority vote of the members present in any regular or special session, there being a quorum, in order to finish very important business which needs immediate action. IX. RULE – QUORUM Section 1. A majority of the members of the Sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Section 2. No quorum at the start of the session. When the appointed time has come to start the regular session, the Presiding Officer shall call the session to order, with or without a quorum. In the absence of a quorum after calling the session to order, the Presiding Officer may perform any of the following: 1. He may adjourn the session from hour to hour if he would like to wait for other members who may be late in coming to the sessions; 2. He may adjourn the session from day to day or he may adjourn the session for lack of quorum. Section 3. No quorum during the session which was started with a quorum. During a session which was started with a quorum and a question on the lack of quorum is raised by any member, the Presiding Officer shall immediately cause the reading of the roll of members and announce the result thereof and then declare whether or not there exist a quorum. In the absence of a quorum, the Presiding Officer may declare a recess of not more than one (1) hour and wait for other members to come; or a majority of the members present may adjourn from hour to hour; or “day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member or members of the police force to arrest the absent member and present him at the session hall”. (Sec. 53, RA 7160) If there is still no quorum despite the enforcement of the above remedial measures, the Presiding Officer may, motu propio, or upon proper motion from the floor duly adopted by the body, then declare the session adjourned for lack of quorum. X. RULE – ORDER OF BUSINESS Section 1. The Order of Business of this Sanggunian shall be as follows: a. Call to Order b. Roll Call c. Reading and consideration d. Privilege Hour e. Question Hour f. Reading and referral of proposed measures or communications g. Committee Reports h. Calendar of Business - Unfinished Business - Business for the Day - Unassigned Business i. Announcement (if any) j. Adjournment Section 2. The Calendar of business shall be prepared by the Committee on Rules and a copy thereof shall be furnished to every member of this Sanggunian not less than (2) days before the date of the regular session. The Presiding Officer shall cause the Office of the Secretary to the Sanggunian to provide the necessary administrative support or secretarial services to the committee on Rules and other standing or special committees. Section 3. The Calendar of Business shall contain the following: a) Unfinished Business – refer to proposals or measures that have been left unacted upon postponed or left unfinished during previous meeting or session. This also includes items of business left unfinished or unacted upon at the end of the term of the previous administration. b) Business for the Day – refers to a list of items that have been reported out by committees and are ready for deliberation on “second reading” as determined by the Committee on Rules. This also includes those items for the body’s session on third and final reading. c) Unassigned Business – refers to pending matters or measures including new ones that arises out during the deliberation but not yet assigned or referred to any committee for appropriate action. Section 4. The Calendar of Business shall contain brief description of the item of business to be taken up during the regular session including, but not limited, to the following: 1. The title of the proposed ordinance or resolution ; 2. The name of the sponsor or author and the committee to which it was referred or the committee sponsoring it; 3. In case of petitions, letters, endorsements and other communications, the source of the name of senders. Section 5. In rendering committee report, priority shall be given to standing committees, regular committees (aka regular committees) to be followed by special committees (a.k.a Ad Hoc Committee). Section 6. As a general rule, committee reports shall be rendered by its Chairman, unless he dissents with the majority decisions. In his absence, the Vice Chairman shall take his place. If neither of them is present, any committee member concurring with the report and duly designated by the said committee shall render the report. Section 7. If the reporting committee recommends a favorable action on the measures referred to it or if the reporting Committee recommends the proposed measure for appropriate action by the Sangguinan, the committee on Rules shall calendar it for “second reading”. If the reporting committee’s recommendation is for the Sanggunian not to take action and that recommendation has been adopted by the body, the proposed measure remains shelved in the committee. If the reporting committee’s recommendation is for the Sanggunian to file the proposed measure away and that recommendation has been adopted, then it is “filed away” which means in layman’s language that the proposal will be filed in the archives of the Sanggunian. Section 8. As a general rule, no member of a committee shall oppose or object to the report of his committee unless he submits his dissenting opinions to the majority decision in writing, or orally in open session, before the said committee renders its reports. Otherwise, he shall be precluded to oppose it on the floor. Section 9 . Deviation from the prescribed Order of Business may be done only under the following circumstances: a) When the Sanggunian decided to suspend the rules thru an “assumed motion” by the Chair or thru a motion to suspend the rules by a member. In any case, the decision to suspend the rules by a member. In any case, the decision to suspend the rules shall require vote by general consent, a unanimous vote, or at least two thirds (2/3) vote of the members present. b) When the measure to be acted upon by the Sanggunian is “certified by the Local Chief Executive as urgent;, it shall be a priority over all other items of business, and shall be considered without need of suspending the rules or even if it is not included in the calendar of business. XI. RULE –COMMITTEES Section 1. Creation of Committees. The following rules shall be observed in the creation of Committees: a) A regular standing committee may be created or re-organized by a majority vote of all the members of the Sanggunian; b) Special or Ad-Hoc committees may be created upon the initiative of the Chair or thru a motion by any member, subject however, to the affirmative votes of a majority of the members present, there being a quorum. Section 2. Composition. Each standing Committee shall have a chairman, a vice chairman and 3 regular members, and the author of the resolutions or ordinances. The member elected whose name appears first on the committee list shall be the chairman, and the members whose name appears below shall be the members. Section 3. Restrictions. a) No member of the committee shall vote in any matter regarding which he has a substantial pecuniary interest, whether direct or indirect. b) No member of the Sanggunian shall be made a Chairman or Vice Chaiman of more than four (4) regular committees and shall be a member of more than six (6) regular committees. Section 4. The minority floor leader of the Sangguniang Bayan shall automatically be a member of all standing committee with voting power. Section 5. Committee Hearings or Public Hearings. No ordinance, tax ordinance or revenue measures shall be enacted by this Sanggunian in the absence of a public hearing duly conducted by the committee concerned. Section 6. Committee hearing distinguished from Committee Meeting. For purpose of this Internal Rules, a committee hearing is an activity of the Sanggunian, thru its committees, wherein the general public particularly those representing different sectors that may be interested or affected by a purposed measure are invited to attend to hear and be heard on that matter. This is synonymous to the term “public hearing”. On the other hand, a committee meeting, as the term implies, is a “meeting” of the members of the committee for the primary purpose of decision-making. Since decision-making is a difficult task, the committee is not precluded from inviting and seeking advice from technical persons. Section 7. A majority of all members of the committee shall constitute a quorum to do business. Section 8. Appearance of Head of Department/ Officer in Committee Meetings. The following rules shall be observed in requesting for the appearance of heads of department or offices: 1. Official invitation or request by any committee to appear before it of any head of department or offices, whether local or national, shall be coursed thru the Presiding Officer. The Presiding Officer shall then endorse it to the head of local and national offices concerned; 2. The invitation or request shall specify the reason for such appearance or the assistance needed, as the case may be. Section 9. Committee Meetings. As a general rule, a committee meeting shall be attended only by committee members unless a majority members thereof decided to allow other persons to be present especially invited resource persons or consultants. Section 10. Vacancy. A vacancy in any committee shall be filled: a) By a majority vote of all the members of the Sanggunian; b) By the Vice Mayor, by general consent of the members present, there being quorum. Section 11. Special Committees. The Sanggunian may organize special Committees when necessary, and shall determine their membership and general jurisdiction. Their officers and members shall be elected in the same manner as standing committee upon recommendation of Committee on Rules. Section 12. Place and time of meeting. Committee meetings/hearings shall be held in the SB session hall or wherever necessary in any government offices. They may be however, be held in any public place when so approved by the majority of the SB members. Section 13. Three (3) days before a scheduled Committee meetings, a written notice thereof shall be given to all the members of the Sanggunian, specifying therein the subject matter and the names of the person invited to said meeting. XII. RULE – THE STANDING COMMITTEES Section 1. Standing Committees- The Sangguniang Bayan shall have the following standing committees organized: a) COMMITTEE ON RULES AND PRIVILEGES. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Sanggunian Internal Rules and violations thereof - Order of Business and Calendar of Business - Disorderly conduct of members and investigation thereof - Privileges of members b) COMMITTEE ON FINANCE, BUDGET, AND APPROPRIATION. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Local taxes, fees and charges - Loans and other sources of local revenues - Annual and supplemental budgets - Appropriation ordinances - All other matters related to local taxation and fiscal administration c) COMMITTEE ON WOMEN, FAMILY RELATION AND HUMAN RIGHTS. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Women’s welfare, rights and privileges - Women’s organizations - Family welfare - All other matters related to women and family - Human rights - Prevention of human rights violation - All matters affecting human rights d) COMMITTEE ON YOUTH AND SPORTS DEVELOPMENT. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Sports development - Youth welfare and development e) COMMITTEE ON ECOLOGY AND ENVIRONMENTAL PROTECTION.- This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Ecology and Environmental protection - Air and water pollution - Wanton destruction of the environment and its natural resources - All matters or measures affecting the environment f) COMMITTEE ON AGRICULTURE, COOPERATIVES AND SENIOR CITIZEN. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Cooperatives organization and development - Incentives to cooperatives - All matters affecting the cooperatives development program of the government - Agricultural production - Agricultural inputs - Agricultural facilities - Development of agri-business enterprises - All matters related to agriculture, including plants and animals. - All matters related to Senior Citizens in this Municipality. g) COMMITTEE ON ORDINANCES AND LEGAL MATTERS. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Enactment, revision or amendment of all kinds of ordinances except appropriation ordinance - Exercise of legislative powers (taxing power, police power, corporate powers and proprietary rights) - Legality of proposed measures to be acted upon by the Sanggunian - Review of ordinances and certain resolutions submitted by lower level LGUs. - h) COMMITTEE ON PEACE AND ORDER AND PUBLIC SAFETY. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Police matters - Maintenance of peace and order - Protective services - Traffic rules and regulations - Fire prevention and control measures - Public morals - All other matters related to peace and order and public safety i) COMMITTEE ON HEALTH AND SOCIAL WELFARE. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Health, sanitation or hygiene - Cleanliness and beautification of the community - Proposed measures related to hospitals, health centers and health programs - Social welfare services - All matters related to health and social welfare j) COMMITTEE ON EDUCATION, SCIENCE AND TECHNOLOGY, CULTURE AND ARTS. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Formal and non-formal education - Educational facilities - Promotion of culture and the arts - Operation of educational institutions, both private and public - All matters related to education and culture k) COMMITTEE ON GOOD GOVERNMENT, PUBLIC ETHICS AND ACOUNTABILITY. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Organization and management; personnel administration, position classification and pay plan, staffing patterns - Creation of positions - Policy formulation for the economical, efficient and effective local government administration - Conduct and ethical standards for local officials and employees - All other matters related to good governance l) COMMITTEE ON MARKET, SLAUGHTERHOUSE, DOMESTIC TRADE, COMMERCE AND INDUSTRY. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Administration/operation of the public market and slaughterhouse - Measures pertaining to market rental fees and other market and slaughterhouse charges - Improvement of market facilities and it premises - Enactment/revision of the market code - All other matters related to market and slaughterhouse administration - Establishment/operation of all kinds of trade and industry - Measures that effect trade, commerce and industry - Incentives to promote trade, commerce and industry - All other matters related to trade, commerce and industry m) COMMITTEE ON GAMES AND AMUSEMENTS. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Operation/establishments of amusement places - Measures that affect the regulation of games and amusements including, but not limited to, the promotion or holding of cockfights, boxing, basketball tournaments, and other kinds of games and amusements - All other matters related to games and amusements n) COMMITTEE ON PUBLIC WORKS AND INFRASTRUCTURE. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Construction, maintenance and repair of roads, bridges and other government infrastructure projects - Measures that pertain to drainage and sewerage system and similar projects - All other matters related to public works and infrastructure projects o) COMMITTEE ON HOUSING AND LAND USE. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Housing program and Squatter problems - Measure pertaining to land uses and - Subdivision development/real state development - Zonification or Zoning Code enactment - All matters related to housing and land utilization p) COMMITTEE ON BARANGAY AFFAIRS. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - Creation, division, merging, abolition or alteration of boundaries of barangays; (N.B. of Sangguniang Panlalawigan and Sangguniang Panlungsod only) - Naming or renaming of barangays; (For Sangguniang Panlunsod and Sangguniang Bayan only) - Naming or renaming of barangay roads; (For Sangguniang Panlunsod and Sangguniang Bayan only) - Review of barangay ordinances and executive orders issued by the Punong barangay; (For Sangguniang Panlunsod and Sangguniang Bayan only) - All matters pertaining to barangay government affairs q) COMMITTEE ON WAYS AND MEANS. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - All matters relating to revenue in general - Bonded indebtedness of the Municipal Government, taxes and fees - Revision of tax measures assessment and evaluation of properties, loans and other sources and forms of revenues. r) COMMITTEE ON TOURISM AND INFORMATION TECHNOLOGY. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - All matters pertaining to tourism and Information Technology. - Formulate programs to develop strategic sites conducive for tourism purposes. s) COMMITTEE ON FRANCHISING. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - All matters relating to the grant or denial of special privileges. t) COMMITTEE ON NATURAL CALAMITIES AND SOCIAL SERVICES. This committee to which shall be composed of not more than five members, including its Chairman, Vice chairman and members, to which shall be referred all matters or question pertaining to or connected with the following: - All matters relating to social services and natural calamities. XIII. RULE – LEGISLATIVE PROCESS Section 1. Rules in the enactment of ordinance and adoption of resolutions including other maters requiring legislative actions, the following rules shall be observed: a) Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon resolution. b) Proposed Ordinances and Resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectively. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the Secretary to the Sanggunian before the start of the regular session. c) A resolution shall be enacted in the same manner prescribed for an ordinance, except that it needs not go through a third reading for its final consideration unless decided otherwise by a majority of the Sanggunian members present. d) No Ordinance or Resolution shall be reported out by proper committee to which it was referred or certified as urgent by the Local Chief Executive. e) Any Legislative matter duly certified by the Local Chief Executive as “urgent” whether or not it is included in the calendar of business may be presented and considered by the body at the same meeting without need of suspending the rules. f) The Secretary to the Sanggunian shall prepare copies of the proposed ordinance or resolutions in the form it was passed on second reading and shall distribute to each Sanggunian member a copy thereof except that a measure certified by the Local Chief Executive as urgent may be submitted for the final voting immediately after it has undergone the periods of debate and amendment during the second reading. g) No Ordinance or Resolution passed by the Sanggunian in a regular, or special session duly called for the purpose, shall be valid unless approved by a majority of the members present, there being a quorum. h) Upon the passage of all ordinances and resolutions directing the payment of money creating liability, and at the request of any member, the Sanggunian Secretary shall record the ayes and the nays. Each approved ordinance or resolution be stamped with the seal of the Sanggunian and recorded in a book kept for the purpose. Section 2. Approval of Ordinance and Veto Power of the Local Chief Executive. The approval of the ordinance by the mayor, as the case may be, and the exercise of his veto power shall be, governed by the following rules: a) Every ordinance enacted by the Sanggunian shall be presented to the Mayor for his approval. If he approves the same, he shall affix his signature on each and every page thereof otherwise he shall veto it and return the same with his objects to the Sanggunian which may proceed to reconsider the same. The Sanggunian may override the said veto by two-thirds (2/3) vote of all its members thereby making the ordinance or resolution effective for all legal intents and purposes. b) The veto shall be communicated by the Mayor to the Sanggunian within ten (10) days otherwise, the ordinance shall be deemed approved as if he had signed it. c) The Mayor may veto any ordinance of the Sanggunian on the ground that it is “ultra vires” or prejudicial to the public welfare, stating his reasons thereof in writing. d) The Mayor shall have the power to veto any particular item of an appropriation ordinance, an ordinance or resolution adopting a local development plan and public investments program or an ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take provided in the section, otherwise, the items in the appropriation ordinance of the previous year corresponding to those vetoed, if any, shall be deem re-enacted. (Article 108, IPR). Section 3. The Three Reading Principle. - The so called “three reading principle” which is commonly adopted in the legislative bodies shall also be followed by this Sanggunian. Hence, as a general rule before an ordinance is finally enacted, it shall undergo to following stages: a) First Reading – At this stage, the Secretary shall read the number of the proposed draft ordinance, its title, name of the author or authors or the name of the members introducing it. Thereafter, the Presiding Officer shall refer to the appropriate committee with or without instructions. At this stage no debate shall be allowed. b) Second Reading - At this stage, any proposed ordinance that has already been reported out by the concerned committee and has been calendared by the Committee on Rules for “second reading” may be sponsored by the reporting Committee Chairman, or his Vice-Chairman or any Committee Member designated for that purpose. Since every member of the Sanggunian is supposed to have been furnished a copy thereof, the proposed ordinance may no longer be read in full unless the supporting Committee or the Sanggunian itself decided otherwise. After usual sponsorship, sponsorship speech has been delivered, the proposed ordinance shall be subjected to the following: -Period of debate -Period of amendment -Approval on second reading c) Third Reading – At this stage, the Secretary shall read the proposed draft bill or ordinance by its member, title and the name of its sponsor or co-sponsor. If any immediate thereafter the Presiding Officer shall put the proposed ordinance to a vote. The Presiding Officer shall then formally announce the result thereof and directs the Secretary to enter it in the record. Section 4. Methods of voting. Unless a different method is prescribed by the Sanggunian for a particular measure, voting shall be either one of the following methods: a) By voice (viva voice) b) By raising of hand c) By rising d) By ballot e) By nominal voting Section 5. Putting the Question to a vote - The Presiding Officer shall rise whenever he is putting a question to vote, the Presiding Officer shall take first the affirmative votes and then the negative votes. While still standing position, the Presiding Officer shall announce the result thereof. XIV. RULE – VOTES AND VOTING Section 1. Voting on the question. Whenever a nominal voting (or roll call voting) is being applied, the Secretary shall call the rule of members either in alphabetical order, by rank or by representative district. As each name is call, the member shall announce his vote sitting “YES or NO”, as the case may be. As a general rule, a member may explain his vote but not to exceed three (3) minutes. A second roll call may be requested by any member from the Chair from this time only the names of those who failed to vote shall be called. This is to give another opportunity to those who failed to cast their vote to exercise their right and also to determine the number of members who might have violated the rule of abstention. After this second roll call, no other request of the same time shall be entertained by the Chair. Section 2. Voting Restriction. No member can vote, or be allowed to vote, on any measure in which he or any of his relatives within the third degree of consanguinity or affinity, has a direct or personal pecuniary interest. This rule, however, does not apply in voting for elective positions in the Sanggunian where a member, as a matter of right, can vote for himself. Section 3. Change of Vote. A member may change his vote but only when the result of the voting has not yet been announced by the Chair. Otherwise, he can only change his vote by unanimous consent of the members present, provided that this rule, shall not be applied in voting is by ballot. Section 4. Vote by Late- Comer. Member who came in late during session but who happens to arrive while voting is in progress shall be allowed to vote, provided that the result of the voting has not yet been announced by the Chair. Section 5. Allowable Motion during Voting. Except for a motion pertaining to a question of quorum, no other motion shall be entertained by the Chair while voting is in progress. Section 6. Tie Vote. A tie vote resulting from a vote on any motion measure o proposal shall be construed to mean that the particular motion, measure or proposal is defeated, unless the Chair decided to break it. Exception to this rule is when “motion to appeal from the decision of the Chair” is put to a vote and it resulted in a tie. In this case the tie vote is considered to sustain the decision of the Chair. Section 7. Breaking a Tie. In case of tie, the Presiding Officer of this Sanggunian is allowed to cast his vote if he desires. He is, however, precluded under existing laws to cast his vote in order to create a tie. Section 8. Majority Vote of All the Members. As provided for under RA 7160 and its implementing rules and regulations, a “majority vote of all the members of the Sanggunian” is required in the following circumstances: 1. Enactment of ordinance levying taxes, fees or charges prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs. (Sec. 447, RA 7160 par. 2-ii). 2. Adoption of resolution authorizing the Mayor to negotiate and contract loans and other forms of indebtedness. (par. 2-iii, Ibid). 3. Enactment of ordinance authorizing the floating of bonds or other instruments of indebtedness for the purpose of raising funds to finance development projects. (par. 2-iv, Ibid). 4. Adoption of resolution authorizing the Mayor to lease to private parties such buildings held in a proprietary capacity subject to existing laws, rules and regulations. (par. 2-v, Ibid) 5. Enactment of ordinance granting a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate and maintain ferries, wharves, markets or slaughterhouse, or other similar activities within the municipality as may be allowed by applicable laws; provided, that cooperatives shall be given preference in the grant of such franchise. (par. 3-viii, Ibid) 6. Adoption of resolution concurring with the appointments issued by the Mayor to heads of departments and offices as required under RA 7160 (sec. 443, RA 7160 par. d) Section 9. Majority Vote of the Members Present (Thereby constituting a quorum). All legislative matters or measures shall be require only a “majority vote of the members present therein having a quorum” for its passage, adoption or enactment, as the case may be. Section 10. Plurality Vote. A decision of the Sanggunian thru a “plurality vote” shall be valid only and enforceable if it is the result of an election of offices of the Sanggunian or members of Committees. No legislative proposal or measure shall be passed, adopted or enacted by this Sanggunian thru a mere plurality vote. Section 11. Percentage Vote. For purposes of this Section, a percentage vote shall be construed to mean as a “proportion of a certain whole”. Percentage vote shall be applied in the following: a) A two-thirds (2/3) vote of all the members of this Sanggunian shall be required in overriding the veto of the Local Chief Executive for ant ordinances or resolution, thereby making the particular ordinance or resolution effective for all intents and purposes. b) Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice. (Section 52 (d), RA 7160). c) The penalty of suspension of expulsion that may be imposed or meted out by the Sanggunian to an erring member “shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian members”. d) At least two-thirds (2/3) affirmative vote of the members present, there being a quorum, shall be required for the adoption of the following motions: 1. Motion to Suspend the Rules 2. Motion to expunge 3. Motion to extend or limit debate 4. Motion to call for the previous question Section 12. Abstention. Indubitably, a member of the Sanggunian is representing the people are not necessarily his own self an such as he should be required to take a stand, one way or the other, on every issue or measure submitted for the session of this august body. Hence, it is hereby made as a general rule that no member of this Sanggunian shall abstain from voting, except as provided under Section 2, Rule X of this Internal Rules of Procedure. Section 13. Simple Majority. Except as otherwise provided in the Internal Rules of Procedure and existing laws, rules and regulations a vote by a “simple majority” shall prevail on other measures, motions or propositions provided there is quorum. In parliamentary parlance, the term “simple majority” means one-half plus one of the total votes cast by the members present, there being a quorum. It might be less than the majority of the entire membership XV. RULE – PRIVILEGE HOUR Section 6. Privilege Hour – On the first session of the month and, at the discretion of the Vice mayor and the unanimous consent to the Sanggunian on any other day, and after reading of order of business there shall be a privilege hour. If more than one (1) Member desires to make use of his privilege the first to apply in writing to the Secretary, or verbally in open session shall be given precedence. If sufficient time is left for the hour, the second Member may speak. If request to make use of this privilege remain recorded at the expiration of one hour, they shall be recorded in the same order next first session of the month. XVI. RULE – QUESTION HOUR a) Appearance upon initiative of Department Head. When a Department Head desires to appear before the Sanggunian on any matter pertaining to his department, he may, with consent of the Mayor, notify the Sanggunian through the Vice Mayor who, with the concurrence of the Sanggunian may set the date and hour for his appearance. b) Appearance upon request of the Sanggunian. A Department Head may be requested to appear before the Sanggunian and be heard by it on any matter pertaining to his department. The request shall state specifically the questions to be answered and the date and hour for his appearance. His appearance shall be scheduled at least three (3) days from receipt of the request. c) Day of Appearance. The appearance of Department Heads shall be scheduled on such day as may be determined by the Vice Mayor or a majority of the Members of the Sanggunian after the reading of the order of business either orally or in writing . Interpolations of the Members shall not be limited to the written questions but may cover matters related thereto. Such interpolations shall conform with the standards for question herein provided. The questions and answers shall be recorded in the journal. XVII. RULE - RULES ON DEBATES AND AMENDMENTS Section 1. As a general rule, no member shall speak before this Sanggunian without first “obtaining the floor”. A member who has obtained the floor shall address all his remarks to the Chair. He Shall conduct himself with proper decorum by containing his remarks or arguments to the questions under debate and by avoiding personalities. Section 2. No member rendering a committee report or delivering the sponsorship speech shall speak for more than (20) minutes unless allowed by a majority of members present. Section 3. No member shall speak for more than twenty (20) minutes on a particular issue or question being debated upon unless he is allowed to do so by a majority of the members present. Section 4. During the period of amendments, every member shall observe the so-called “five minute rule”, i.e., remark or argumentation by any member on each proposed amendment shall not exceed five (5) minutes. Section 5. The member rendering a committee report or delivering the sponsorship speech of a proposed measure may be moved to open or close debate within twenty (20) minute-period allowed to him. If he fails to exercise his option, the Chair may use the “assumed motion” to open or close the debate, or any member may formally move for it. In any case, after a member has rendered a committee report or has finished his sponsorship speech of a proposed measure, it shall be considered open to debate. Section 6. While having the floor, a member may be interrupted in his speech or talk by the Presiding Officer to state a point of order, to respond to questions from the floor to clarify something related to the issue being discussed or to make certain remarks within his privilege. Section 7. The Speaker may also be interrupted by another member if the latter desires to ask questions thru his privilege interpolate and by proposing the following motions: -Point of Order -Point of Information -Point of Parliamentary Inquiry -Call for Orders of a Day -Divide the Assembly -Raise a question of Privilege -Reconsider -Appeal from the Decision of the Chair Section 8. All questions addressed to the Speaker or the Member having the floor must always be coursed thru the Presiding Officer. Section 9. The Speaker being interpolated may decline to answer questions, if he so desires. Section 10. No member shall speak against his own motion or proposition. He may, however, be permitted to withdraw his motion or proposition and if his request to withdraw is denied, he may vote against it. Section 11. While the period of debate is in progress, no member shall roam around the session hall or leave the premises without the permission of the Chair Section 12. A motion to clause the debate is in order a three (3) members have already spoken in the affirmative side and two (2) in the negative side; or only one (1) member has spoken in favor but none against it. Section 13. Subject to requirement of the preceding Section, if no member move to close the period of debate, the Chair, “motu prupio”, may use the assumed motion in order to close the period of debate. Section 14. When a motion “to call for the previous question” is proposed by a member which would result in the closing of debate on a pending question, a two-thirds (2/3) affirmative vote is hereby required. Section 15. Whenever the Presiding Officer in addressing the Sanggunian, no member shall leave his seat nor interrupt the former in his talk. Section 16. After the period of debate has been closed, the period of amendments shall immediately follow. Section 17. Unless a different method is adopted by the members present in a particular session, amendments to any proposed measure is read paragraph by paragraph or section by section and after each one is read, amendments can be proposed and debated upon. Thereafter, a vote is taken on the proposed amendment. Eventually this process will reach its conclusion and the original measure or proposition is said to have passed the “second reading”. XVIII. RULE – COMMITTEE REPORTS Section 1. Submission of Committee Report. Every committee to which a particular measure is referred by the Presiding Officer shall submit report in writing to the Sanggunian, thru the Secretary, within four (4) consecutive sessions. Section 2. Joint Committee or Multiple Committee Report. When a measure is referred to two or more committees, the committees concerned may submit a “joint committee report” or “ multi-committee report” as the case may be, or separate report thereon. Section 3. Content of Committee Report. The committee report shall contain the following information: - Name of the reporting of committee or committees - Brief statement of the subject matter referred to it and the action taken thereon including information gathered during the conduct of committee hearings or meeting and other relevant information - Finding and conclusions - Recommendations (either to “file it away” or to calendar it for second reading”) - Names and signature of concurring members - Appendices (Minutes of the committees meetings, as the case may be) Section 4. Discharge of Committee. A committee which failed to submit a committee report within the time required maybe discharged by the Sanggunian from further consideration of the measure or question referred to it. Upon motion by any member, the said measure can be re-assigned to another committee or submit to the body for proper disposition. Section 5. Recommitting a Measure. When the Sanggunian is not satisfied with the report of a particular committee on a measure referred to it, the same maybe re-committed or return back to the committee for further study. Section 6. Calendar for Second Reading. After the committee has rendered its report and is recommending favorably the enactment of a proposed ordinance it has “reported out” a copy of the proposed ordinance shall be furnished the Committee on Rules which shall calendar it for “second reading”. Before the said proposed ordinance is sponsored on the floor, a copy thereof shall be furnished every Sanggunian member by the Committee Chairman concerned XIX. RULE – DISCIPLINARY ACTIONS Section 1. Penalty. Any member who commits an act in transgression of the foregoing Internal Rules of Procedure shall be punished with the corresponding penalties hereunder prescribed, to wit: Penalty a. For disorderly conduct or behavior 1st offense – reprimand During a session, committee hearing 2nd offense – exclusion from the Or committee meeting membership in the committee Concerned; suspension to expulsion b. For any “justified” absence with None prior notice. c. For any “justified” absence without Fine of not more than Php 200.00 Prior notice d. For any “unjustified absence” Fine of not less than P 200.00 but not more than P500.00 e. For “unjustified” absence in four (4) Fine of not less than P 2,000.00 consecutive sessions but not more than P5,000.00 without prejudice to the filing of the corres- ponding administrative charge as per Art. (6), IRR of RA 7160 f. For coming late in any kind, Fine of not less than P200.00 but not of sessions, ten (10) to fifteen more than P300.00 (15) minutes of being late (10 minutes= P200, 10-15 minutes=P300) or fraction thereof g. Conviction by final judgment to Automatic expulsion Imprisonment of at least one (1) year for any crime involving moral turpitude h. For refusal without valid excuse Fine of not less than P 300.00 but To perform the task assigned to him not more than P 500.00 By the Sanggunian or Committee Of which he is a member i. For “unjustified” absence in com- Fine of not less than P 300.00 but mittee hearing of which he is a not more than P 500.00 composite member. j. For violation of any other pro- Fine of not less than P 1,000.00 but not more vision of this Internal Rules of more than P 2,000 or suspension Procedure not specified herein. of not more than fifteen (15) days Without renumeration. k. For unjustifiable failure to per- 30 days suspension without renumeration. form the task assign to him within the time required. l. For coming in late in any kind of session, fine of not less than P 500.00 but not 2 or 3 consecutive times. more than P 1,000.00. Section 2. Requisites. The penalty of suspension expulsion to be imposed shall require the concurrence of at least two-thirds (2/3) vote of all the members of this Sanggunian. For other kinds of penalty only a majority vote of all the members of the Sanggunian shall suffice. Section 3. Initiation of Action and Conduct of Investigation. The Committee on Rules shall take cognizance of all the offenses enumerated in the preceding Section committed by any member of this Sanggunian, both composite member and constituent member, i.e. including the Regular Presiding Officer and shall initiate the necessary disciplinary action. It shall forthwith conduct the necessary fact-finding investigation and thereafter shall submit its committee report together with the corresponding recommendation for consideration of the Sangguniang sitting en banc. For purposes of this section, only a fact-finding investigation and NOT an “administrative investigation” shall be conducted, and thus, the technical rules of court practice, procedure and evidence shall not be applied. However, the substantive due process requirement of fairness and reasonableness should be observed. Should any member of the Committee on Rules be the respondent, the Presiding Officer (regular or temporary presiding officer, as the case may be) shall designate a replacement to complete the membership thereof but only insofar as the conduct of the fact-finding investigation is concerned. In performing the other function of the said committee, the respondent is still a member of that committee. Section 4. Collection of Fines and its Disposition. The Secretary to the Sanggunian shall collect the fines as may be imposed by this Sanggunian and shall take custody thereof as a private trust fund. In the disposition or disbursement of the said fund, the Sanggunian shall convert itself into a “Committee of the Whole” and then decide upon a majority vote of all its members how and for what purpose the said fund would be spent. XX. RULE – JOURNAL AND RECORD OF PROCEEDINGS Section 1. Record of Proceedings. The Sanggunian shall keep a “journal and record” of its proceedings which may be published upon resolution of the majority members thereof. Section 2. Minutes. In addition to the journal of proceedings which is required by the law (RA 7160) to keep, the Sanggunian thru its Secretary shall also record its proceedings in the form of a minutes which shall be submitted by the Secretary to the Sanggunian for appropriate action. Section 3. Signing of minutes. The original copy of the minutes shall be signed by the members who adopted or approved it at the appropriate space therein. The Presiding Officer at the particular session and the Secretary shall also sign or affix their signatures on the said minutes. Section 4. Excerpts. Excerpts to be taken out of the minutes shall be certified and attested to as correct by the Secretary and the Presiding Officer on that particular session, respectively. XXI. RULE – SUSPENSION OF RULES Section 1. Any part of this Internal Rules of Procedure, except those prescribed by existing laws may be suspended at any particular session by general consent or two-thirds (2/3) vote of all the members of the Sanggunian provided that prior notice of such amendments is given to all the members of the Sanggunian, and provided further that no provision herein which is based on, or prescribed by, existing laws shall be amended.s XXII. RULE – AMENDMENTS Section 1. In this Internal Rules of Procedure may be amended at any regular session by two-thirds (2/3) vote of all the members of this Sanggunian, provided that prior notice of such proposed amendments is given to all the members of the Sanggunian and provided further that no provision herein which is based on, or prescribed by, existing laws shall be amended. XXIII. RULE – SUPPLEMENTARY RULES Section 1. The rules, procedure and parliamentary practices of the Philippine Congress and hooks dealing on this subject written by Filipino authors, particularly by Dr. Antonio Orendain, Prof. Reynaldo T. Fajardo and Reverendo M. Dihann, shall serve as supplementary authorities of this Sanggunian but only in so far as they are not incompatible with the rules and procedures adopted herein. XXIV. RULE – EFFECTIVITY Section 1. This Internal Rules of Procedure shall take effect on the date of its adoption. APPROVED BY THE SANGGUNIANG BAYAN OF NATIVIDAD, PANGASINAN, in its Inaugural Session held on the 5th day of July 2013.
Posted on: Mon, 08 Jul 2013 06:04:17 +0000
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